Tendency protection
Under tendency protection , in Austria editorship , media labor law understands the right of a publisher to determine the political opinion of his medium (e.g. a newspaper ). His power therefore extends not only to economic decisions, for example on company organization , but also, because of the special role of the mass media , to political decisions that other companies cannot make. For example, mere delivery companies do not enjoy any tendency protection, since the post-production of a newspaper in terms of time and production technology no longer affects the content design and selection.
It includes the right to determine, maintain and change the content tendency of a newspaper and to realize this tendency. The publisher is entitled to determine the political direction of the media belonging to him and to oblige his editors and freelance journalists in a company agreement to produce texts, images and films in a specific type and style from a specific political perspective. Editors have no right to be independent of the publisher in terms of journalism and content. This so-called internal freedom of the press is nevertheless repeatedly demanded by journalists.
Protection against tendencies is guaranteed in Germany by Article 5 of the Basic Law with freedom of expression and freedom of the press . In media companies, it restricts the right to employee participation, since the Works Constitution Act is only partially applicable and the Codetermination Act is not applicable at all ( Section 118 (1) of the Works Constitution Act , Section 1 (4) of the Co-Determination Act).
Trade unions, parties and churches claim similar rights for themselves or for the behavior of their employees in their capacity as companies with a tendency .
literature
- Claus Asbeck: Protection against tendencies in German and European works constitution and corporate co-determination law, Heidelberg, Univ.-Diss., 2015
Web links
- Hanni Chill, Hermann Meyn : The journalistic profession: Inner freedom of the press ( Memento from January 21, 2012 in the Internet Archive ) Federal Agency for Political Education , Mass Media (Issue 260)
- Martin Kotynek : Journalism: End of the Line Frankfurt? Die Zeit , April 4, 2013
Individual evidence
- ↑ BVerfG, decision of April 29, 2003 - 1 BvR 62/99 para. 16
- ↑ BVerfGE 52, 283, 297
- ↑ Abolition of tendency protection paragraphs, proposal J 005, 3rd Federal Congress ver.di 2011
- ↑ Martin Kuhr: You absolutely have to know these particularities about the media employment relationship IWW Institute, Edition 01/2007
